Writ Petiton of AIJA

8/20/2019 Writ Petiton of AIJA

1/94

SYNOPSIS AND LIST OF DATES

The Petitioner is seeking review and improvement of the

service conditions of the judicial officers throughout the

country by way of the present petition under Article 32.

The Petitioner in the instant case is All India udges

Association !AIA" whose members are judges of the

subordinate judiciary from all over India and was formed

and registered in #$%&. The petitioner was formed with the

primary objective of improving the service conditions of

the judges in sub'ordinate judiciary. (ver since its

inception) the AIA has striven towards achieving its

objective and has approached this *on+ble ,ourt on

several occasions in the past by filing writ petitions raising

issues of common good and for the benefit of the

subordinate judiciary as a whole. In past) this *on+ble

,ourt had directed for constitution of the *on+ble ustice

-hetty ,ommission and *on+ble ustice Padmanabhan

,ommission for recommending improvements in the

service conditions of judicial officers. These commissions

have favourably shaped the service conditions of all the

judges in sub'ordinate judiciary in compliance with the

directions by this *on+ble ,ourt. Thus) the efforts of AIA

are aimed towards the welfare of its members and not of


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any particular individual. In this contet) it is submitted

that the instant petition is being filed so that the judicial

officers are granted their essential and basic service

conditions.

Article &/ of the ,onstitution of India incorporates the

concept of separation of judiciary from the eecutive in the

public services of the -tate and the distinction between

the two has to be maintained.

Importantly) though the periodic eercise of constituting a

Pay ,ommission for the eecutive in public service has

been undertaken by the ,entral0-tate 1overnment and

pay scales are being reviewed) no such mechanism has

been put in place for the judicial services despite specific

directions by this *on+ble ,ourt to this effect. This *on+ble

,ourt in All India Judges Association Vs. Union of

India 1992 (1) SCC 119 was pleased to direct that as

and when such ,ommissions or committees are set up in

the states and nion Territories hereafter) they separately

eamine and review pay structure of judicial officers

keeping in view all relevant aspects.4 !p.#$$ -,,".


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*owever) these directions by this *on+ble ,ourt were

sought to be reviewed by the nion of India and the

-tates. This *on+ble ,ourt accordingly in All India

Judges Association Vs. Union of India 1993 (4) SCC

288 while disposing off the review petitions) was pleased

to hold that merely because Article 3/$ of the ,onstitution

of India gives power to the eecutive and the legislature to

prescribe the service conditions of the judiciary) and that

after the council of -tates make the necessary declaration

under Article 3#2 of the ,onstitution of India) the

Parliament is empowered to create All India udicial

-ervice) it does not mean that the judiciary should have

no say in the matter. It would be against the spirit of the

,onstitution to deny any role to the judiciary in that behalf

for theoretically it would not be impossible for the

eecutive or the legislature to turn and twist the tail of the

judiciary by using the said power. -uch a conse5uence

would be against one of the seminal mandates of the

,onstitution namely to maintain the independence of

judiciary and no price is too heavy to secure it. This

*on+ble ,ourt had then held that it was for this reason

that the practice of entrusting the work of recommending

the service conditions of members of subordinate judiciary


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to the same Pay ,ommission which recommended the

service conditions of the administrative services) re5uired

reconsideration. This *on+ble ,ourt has ruled in All India

Judges Association v Union of India and os 1993 4

SCC 288 that the service conditions of the udicial 6fficers

should be laid down and reviewed from time to time by an

independent ,ommission eclusively constituted for the

purpose) and the composition of such ,ommission should

reflect ade5uate representation on behalf of the judiciary.

The 5uestion with regard to pay scales in respect of the

members of the judicial service had however been initially

referred to the &th ,entral Pay ,ommission. *owever) in

view of the directions as above) the 1ovt. of India by a

resolution dated 2#0/30#$$7) constituted the 8irst 9ational

udicial Pay ,ommission under the ,hairmanship of

*on+ble :r. ustice ;.. -hetty) a former udge of this

*on+ble ,ourt. -ubse5uently) by an amendment made on

2


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3/0/$0#$$= and was made applicable w.e.f. /#0/#0#$$7.

The 8irst 9ational udicial Pay ,ommission !>-hetty

,ommission+ for short" submitted its report on ##0##0#$$$

wherein after taking into consideration the

recommendations which have been made by the &th

,entral Pay ,ommission and the pivotal role of the

subordinate judiciary a master pay scale was evolved. The

-hetty ,ommission came to the conclusion that the

number on the Pay -cale should be e5ual to the number of

clearly identifiable levels of responsibility also taking into

consideration the scope for promotional avenues. It is a

matter of record that even the recommendations made by

the -hetty ,ommission have been resisted on one pretet

or the other including the alleged plea of financial burden.

8inally) this *on+ble ,ourt in its judgment dated

2#0/302//2 vide All India Judges Association Vs.

Union of India 2!!2 (4) SCC 24" was pleased to accept

the recommendations of the -hetty ,ommission subject to

certain modifications by this *on+ble ,ourt. This *on+ble

,ourt also directed that the Pay -cale so approved shall be

w.e.f. /#0/=0#$$7.


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Though this *on+ble ,ourt in its review judgment !as

above" had directed that the service conditions of the

udicial 6fficers should be laid down and reviewed from

time to time by an independent ,ommission eclusively

constituted for the purpose) inspite of the ,entral

1overnment constituting the subse5uent Pay ,ommission

namely the 7th ,entral Pay ,ommission) no such separate

independent ,ommission was constituted to review the

service conditions of the subordinate judiciary as directed

by this *on+ble ,ourt. The -hetty ,ommission in its report

while arriving at the Pay -cales recommended for the

subordinate judicial service) had noted that while fiing

the maimum of the master pay scale) it had been

constrained by the vertical cap of the salaries of the *igh

,ourt udges. In other words) the district judges could not

get more salary than the *igh ,ourt udges) whose

salaries were statutorily fied. It was however)

recommended that as and when the salaries of *igh ,ourt

udges are raised) the salary of the udicial 6fficers should

also be increased by maintaining the ratio which the

-hetty ,ommission had recommended. The salary of the

*igh ,ourt udges was revised by the *igh ,ourt and

-upreme ,ourt udges !salaries and conditions of service"


7/94

Amendment 6rdinance) 2//$) published in the 1a?ette of

India vide notification dated /$0/#02//$. -ubse5uently)

this became an Act of the Parliament. -ince the Pay -cales

admissible to the subordinate judiciary saw no revision

this *on+ble ,ourt recogni?ing that the pay scales re5uired

urgent upward revision and vide its order dated

2%0/


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,entral 1overnment. *owever) the ,ommission in para

III of its @eport noted that several demands made by the

udicial 6fficers and Pensioners fell outside the scope of

reference made to the ,ommission. All these demands) as

the report of the ,ommission would depict) pertained to

the various service conditions of the udicial 6fficers but

were not considered by the ,ommission since these were

found to be beyond the scope of limited reference made to

the ,ommission. The terms of reference of the said

Padmanabhan ,ommission were severely restricted on

account of it being limited to determine the pay scale of

judicial officers on the basis of recommendations of the

-hetty ,ommission. The *on+ble ,ommission in para =< of

its report thus recorded the followingB

C -ince most of the demands so made are

outside the scope of reference made to this

,ommission by the *on+ble ,ourt) this

,ommission has enumerated those demands)

which re5uire consideration either by this

*on+ble ,ourt or by separate udicial Pay

,ommission or at the appropriate level and they

are given hereunderBC


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The ,ommission in Part III of its report) has made

reference to at least &7 essential conditions of service

which could not be reviewed by it since they were outside

the scope of reference to the ,ommission. In Part ID the

,ommission recorded the following demands which do not

even cost the eche5uerB

i" 8ive Eays a week.

ii" Provision for Transit01uest *ouse facility.

iii" Issuance of ,ar stickers for personal cars of

udicial officers as also for providing red light

atop the vehicles of the particular level of udicial

6fficers.

iv" Issue of -eniorityF@ota'Guota.

v" -eparate 8orum !-tate Hevel and 9ational Hevel"

for settlement of various administrative and

service grievances0problems.

vi" elfare activities for the fraternity in general.

vii" Advance of salary for meeting contingencies F #&

days salary prayed.


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viii" Protocol to Eistt. udiciary F to be maintained as

per their status as eecutives.

i" Priority in reservations0bookingsB alongwith

transportation) 5uest houses) rest houses etc.

" Identity ,ards to Pensioners and 8amily

Pensioners to avail medical facilities etc.

i" II A,P alongwith fiation of seniority to be

finali?ed promptly.

ii" ,hange of nomenclature of ,ivil udge !unior

Eivision" to ,ivil udge.

Thus) several essential conditions of service of the judicial

officers are left to be addressed till date. It is in view of

these) the *on+ble ,ommission too) in Para =& of its report

has stressed upon the need to have a pay commission for

judicial officers to be periodically constituted

simultaneously with the Pay ,ommission constituted for

the employees of the ,entral 1overnment. To 5uote from

the words of the ,ommissionB


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appointment of a udicial Pay ,ommission

should normally be made when ,entral Pay

,ommission is constituted and notified.4

In eercise of its eecutive power under Article =3 of the

,onstitution of India) the ,entral 1overnment constitutes

Pay ,ommissions generally after a gap of every #/ years

for periodic revision of pay scales admissible to ,entral

1overnment employees. *owever) no such mechanism has

been devised for periodic revision of pay and allowances

admissible to the members of the subordinate judiciary

inspite of specific directions by this *on+ble ,ourt and the

recommendations for such periodic Pay ,ommission made

by the 8irst 9ational udicial Pay ,ommission and the

Padmanabhan ,ommission as well. It may be noted that

the ,entral 1overnment has now notified constitution of

the =th Pay ,ommission for the ,entral 1overnment

(mployees) but no such eercise has been undertaken to

revise the conditions of service of the members of

subordinate judiciary. Thus) there has been consistent and

patent neglect towards the service conditions of udicial

6fficers despite the repeated directions by this *on+ble

,ourt and its anguish there against.


12/94

The Petitioner has made several representations to the

respondents re5uesting them to review the service

conditionsof the judicial officers. The Petitioner made a

representation to the ,abinet -ecretary of the

1overnment of India on #30&02/#& but representation was

rejected by 1overnment of India on 230702/#& on the

ground that the service conditions of the judicial officers of

-tate Public udicial are not within the competence of

,entral 1overnment and the *on+ble -upreme ,ourt has

been sei?ed of the matter.

*ence this writ petition is being filed.

The relevant events preceding the present petition)

chronologically) are as underB

#30##0#$$# This *on+ble ,ourt delivered its judgmentin

All India Judges Association v. Union

$f India% 1992 (1) SCC 119(“first AIJA

Case” for short" issuing directions for

improvement of the service conditions of


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the members of subordinate judiciary. The

directions were as followsB

1. “An All India Judicial Service

should be set up and the Union of

India should take appropriate

steps in this regard.

. Steps should be taken to bring

about unifor!it" in designations

of officers both in civil and

cri!inal side b" #1$%#$1&

#. 'etire!ent age of udicial officers

be raised to )% "ears and

appropriate steps are to be taken

b" #1$1$1&&.

*. As and +hen the pa"

co!!ission$co!!ittees are set

up in the States and Union

territories, the -uestion of

appropriate pa" scales of udicial


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officers be specificall" referred

and considered.

. A +orking librar" at the residence

of ever" udicial officer has to be

provided b" #%$%)$1&&.

/rovision for su!ptuar" allo+ance

as stated has to be !ade.

). 'esidential acco!!odation to

ever" udicial officer has to be

provided and until State

acco!!odation is available,

govern!ent should provide

re-uisitioned acco!!odation for

the! in the !anner indicated b"

#1$1$1&&. In providing

residential acco!!odation,

availabilit" of an office roo!

should be kept in vie+.

0. ver" 2istrict Judge and Chief

Judicial 3agistrate should have a


15/94

State vehicle, udicial officers in

sets of five should have a pool

vehicle and others +ould be

entitled to suitable loans to

ac-uire t+o +heeler auto!obiles

+ithin different ti!e li!its as

specified.

4. In5service institute should be set

up +ithin one "ear at the Central

and State or Union territor"

level.”

2


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+ith and reected. 7he distinction

bet+een udicial and other services

specificall" e!phasi8ed.

(ii6 7he service conditions of udicial

officers should be laid do+n and

revie+ed fro! ti!e to ti!e b" an

independent co!!ission

e9clusivel" constituted for the

purpose, and the co!position of

such co!!ission should reflect

ade-uate representation on behalf

of the udiciar".

(iii6 :" giving the directions in -uestion,

this Court has onl" called upon the

9ecutive and the ;egislature to

i!ple!ent their i!perative duties.

7he Courts do issue directions to

the authorities to perfor! their

obligator" duties +henever there is

a failure on their part to discharge

the!.... 7he further directions


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given, therefore, should not be

looked upon as an encroach!ent

on the po+ers of the 9ecutive and

the ;egislature to deter!ine the

service conditions of the udiciar".

7he" are directions to perfor! the

long overdue obligator" duties

...7he directions are essential for the

evolve!ent of an appropriate national

polic" b" the


18/94

7he contention +ith regard to the

financial burden likel" to be i!posed

b" the directions in -uestion is e-uall"

!isconceived. @irstl", the Courts do

fro! ti!e to ti!e hand do+n

decisions +hich have financial

i!plications and the


19/94

prescribe the !ini!u! necessar"

service conditions and facilities for the

proper ad!inistration of ustice. e

believe that the -ualit" of ustice

ad!inistered and the caliber of the

persons appointed to ad!inister it are

not of different grades in different

States. Such contentions are ill5suited

to the issues involved in the present

case.

(v6 7he directions given in the !ain

udg!ent dated 1#$11$1&&1 +ere

!aintained e9cept as regards the

follo+ing?

a. 7he legal practice for of # "ears

should be !ade one of the

essential -ualifications for

recruit!ent to the udicial posts

at the lo+est rung in the udicial

hierarch".@urther, +herever the

recruit!ent of the udicial


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officers at the lo+est rung is

!ade through the public service

co!!ission, a representative of

the Bigh Court should be

associated +ith the selection

process and his advice should

prevail unless there are strong

and cogent reasons for not

accepting it, +hich reasons

should be recorded in

+riting.7he rules for recruit!ent

of the udicial officers should be

a!ended forth+ith to

incorporate the above directions.

b. 7he direction +ith regard to the

enhance!ent of the

superannuation age is !odified

as follo+s?hile the

superannuation age of ever"

sub5ordinate udicial officer shall

stand e9tended upto )% "ears,

the respective Bigh Courts


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should, as stated above, assess

and evaluate the record of the

udicial officer for his continued

utilit" +ell +ithin ti!e before he

attains the age of 4 "ears b"

follo+ing the procedure for the

co!pulsor" retire!ent under the

service rules applicable to hi!

and give hi! the benefit of the

e9tended superannuation age

fro! 4 to )% "ears onl" if he is

found fit and eligible to continue

in service. In case he is not

found fit and eligible, he should

be co!pulsoril" retired on his

attaining the age of 4 "ears.7he

assess!ent in -uestion should

be done before the attain!ent of

the age of 4 "ears even in

cases +here the earlier

superannuation age +as less

than 4 "ears.


22/94

c. 7he direction for granting

su!ptuar" allo+ance to the

2istrict Judges and Chief Judicial

3agistrates stands +ithdra+n for

the reasons given earlier.

d. 7he direction +ith regard to the

grant of residence5cu!5librar"

allo+ance +ill cease to operate

+hen the respective State


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respectivel". It is the principal

district Judge at each district

head-uarter or the !etropolitan

to+n as the case !a" be, +ho

+ill be entitled to an independent

vehicle. 7his +ill e-uall" appl" to

the Chief Judicial 3agistrate and

the Chief 3etropolitan

3agistrate. 7he rest of the

Judges and 3agistrates +ill be

entitled to pool5vehicles5one for

ever" five Judges for transport

fro! residence to Court and back

and +hen needed, loans for t+o

+heeler auto!obiles and

conve"ance allo+ance. 7he State


24/94

f. In vie+ of the establish!ent of

the national udicial acade!", it

is optional for the States to have

their independent or oint

training udicial institutes.

g. In vie+ of the ti!e taken to

dispose of the revie+ petitions,

follo+ing orders +ere passed?the

ti!e to co!pl" +ith the direction

for bringing about unifor!it" in

hierarch", designations and

urisdictions of udicial officers on

both civil and cri!inal sides is

e9tended upto #1$%#$1&&*Dthe

ti!e to co!pl" +ith the

directions to provide la+ books

and la+ ournals to all Courts is

e9tended upto #1$1$1&

failing +hich, the librar"

allo+ance should be paid to

ever" udicial officer +ith effect

fro! %1$%1$1&&*, if it is not paid


25/94

alread"Dthe ti!e to provide

suitable residential

acco!!odation, re-uisitioned of


26/94

Judges and those of the

ad!inistrative e9ecutive has to

be abandoned and the service

conditions of the Judges +hich

are +rongl" linked to those of

the ad!inistrative e9ecutive

have to be revised to !eet the

special needs of the udicial

service. @urther, since the +ork

of the udicial officers throughout

the countr" is of the si!ilar

nature, the service conditions

have to be unifor!. e have

also e!phasi8ed earlier the

necessit" of entrusting the +ork

of prescribing the service

conditions for the udicial officers

to a separate pa" co!!ission

e9clusivel" set up for the

purpose. Bence, +e reiterate the

i!portance of such separate

co!!ission and also of the

desirabilit" of prescribing


27/94

unifor! pa" scales to the Judges

all over the countr". Since such

pa" scales +ill be the !ini!u!

deserved b" the udicial officers,

the argu!ent that so!e of the

States !a" not be able to bear

the financial burden is irrelevant.

7he unifor! service conditions

as and +hen laid do+n +ould

not, of course, affect an" special

or e9tra benefits +hich so!e

States !a" be besto+ing upon

their udicial officers.”

2


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emoluments of judicial officers

belonging to the subordinate judiciary

all over the country.

J. To eamine the present structure of

emoluments and conditions of service

of judicial officers in the states0Ts

taking into account the total packet of

benefits available to them and make

suitable recommendations having

regard) among other relevant factors)

to the eisting relativities in the pay

structure between the officers

belonging to subordinate judicial

service visa'vis other civil servants.

,. To eamine and recommend in respect

of minimum 5ualifications) age of

recruitment) method of recruitment)

etc.) for judicial officers. In this

contet) the relevant provisions of the

constitution and directions of the

-upreme ,ourt in All India udges


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Association case and other cases may

be kept in view.

E.To eamine the work methods and

work environment as also the variety

of allowances and benefits in kind that

are available to judicial officers in

addition to pay and to suggest

rationali?ation and simplification

thereof with a view to promoting

efficiency in judicial administration)

optimi?ing the si?e of the judiciary

etc.K

##0##0#$$$ *on+ble :r. ustice -hetty ,ommission

submitted its report with the following

recommendationsB

#. The *igh ,ourts were re5uired to

frame the rules specifying particular

age of retirement and it was also

recommended that the procedure

prescribed for writing the


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confidential reports by the self'

assessment process was better and

more transparent and should be

adopted by the *igh ,ourts for

judicial officers.

2. The commission recommended

appropriate nomenclatures to be

given to the judicial officers. The

recommendation was that they

should be called Kcivil judgeK in

place of Kcivil judge !junior

division"K and Ksenior civil judgeK in

place of Kcivil judge !senior

division"K.

3. It further gave recommendation

with regard to e5uation of posts of

the chief metropolitan magistrate

and chief judicial magistrate. hile

it recommended that the chief

judicial magistrate should be in the

cadre of civil judge !senior


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division") in respect of chief

metropolitan magistrate) it

recommended that it should be

placed in the cadre of district judge.

According to the learned amicus

curiae) the chief metropolitan

magistrate and chief judicial

magistrate must be in the same

cadre e5uivalent to civil judge

!senior division" and that it should

be at par with each other.


32/94

&. The commission also made

recommendation with regard to

appointment to the post of district

judge which includes the additional

district judge in the higher judicial

service. It pointed out some

problems which had arisen as a

result of direct recruitment to the

post of district judges) the problem

really being with regard to the inter

se seniority amongst them.

7. The commission also recommended

that serving judges who were

between 3& and


33/94

=. ith regard to inter se seniority

between direct recruits and

promotees) the commission

recommended that the promotees

be given weightage of one year for

every five years of judicial service

rendered by them subject to a

maimum of three years.

%. The report also recommended

steps being taken for judicial

education and training.

#


34/94

/%0/202//2 This *on+ble ,ourt passed a udgment and

order in All India Judges Association

and $s. v. Union of India% 2!!2 (4)

SCC 24" (third AIJA case6 issuing

directions in the rit Petition filed on behalf

of the Petitioner for review of the working

conditions of the members of the -ub

ordinate udiciary throughout the country.

hile passing the above mentioned order

this *on+ble ,ourt rejected the contention

raised by the @espondents therein about

the 8inancial Jurden and directed the

1overnment to implement with the

recommendations of ustice -hetty

,ommission in the case of. The relevant

etract of the above mentioned judgment

is as followsB

#. *on+ble :r. ustice -hetty

,ommission has taken into

consideration the recommendations

of fifth central pay commission and

the pay scales recommended by it


35/94

are just and reasonable.

,onsidering the years of service put

in by the judicial officers at

different stages) the parity in the

scales of pay recommended by the

commission for the judicial officers

with the scales of pay of the I.A.-.

6fficers is not by and large

disturbed. !Para #$"

2. *owever the entire ependiture on

account of the recommendation of

the ustice -hetty ,ommission be

borne by the respective states.

!Para 22"

3. (isting vacancies in the sub'

ordinate courts at all levels should

be filed. There has to be certain

minimum standards) objectively

adjudged for officers who are to

enter the higher judicial service as

additional district judges and


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district judges. @atio of =&L

appointment by promotion and

2&L by direct recruitment to the

higher judicial service is

maintained. As far as the

appointment by promotion is

concerned &/L must be filled by

promotion on the basis of principle

of merit'cum'seniority and passing

a suitable test and 2&L by strictly

on the basis of merit through

limited competitive eamination of

civil judges!senior division" having

not less than & years of 5ualifying

service.!Para 27"


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&/L of the electricity and water

charges of the residence of judicial

officers to be borne by the -tate

1overnment. (ven fresh law

graduates without any practice

should be eligible to enter judicial

service provided training of one or

two years. ,hief judicial

magistrates and chief metropolitan

magistrates e5uated and placed in

the cadre of senior division sub'

judge. @evised pay scales to be

paid w.e.f. /#./=.#$$7. !Para 3


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IA- 6fficerM it is on that basis that

the scale of pay should be

determined upwards and

downwards.

It was also observed by the ,ourt that F

It is only the Eistrict udge !-uper

Time -cale" as recommended by

the ustice -hetty commission

which is comparable with the last

scale of an IA- 6fficer.

2%0/


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Eistrict udges !(ntry 1rade") !iv" Eistrict

udges !-election 1rade" and !v" Eistrict

udges !-uper Time -cale" having regard

to the recommendations already made by

the *on+ble ustice -hetty ,ommission in

respect of the pay scales) allowances and

other per5uisites of the udicial 6fficers)

and so also revised Pensionary benefits

payable to udicial Pensioners.

#=0/=02//$ ustice Padmanabhan ,ommittee

submitted its report. *owever) various

demands made by the udicial 6fficers

Association were not considered by the

,ommittee as they were beyond its scope.

The ,ommittee vide paragraph =3 and =<

enumerated the areas to be reviewed by

-eparate udicial Pay ,ommission.

The Petitioners most respectfully submit

that since then there has been no review of

the service conditions of the subordinate

judiciary even when there has been a


40/94

periodic review in respect of administrative

services. Thus) even after three rounds of

litigations and two commissions spanning

across two decades that have brought

certain widespread changes in the working

conditions of the subordinate judiciary in

India) there still remains a disparity

between the treatment of working

conditions of the subordinate judicial

services and other administrative services)

in terms of monetary benefit as well as

social security. It is most respectfully

submitted that the pivotal reason for this

uncertainty is lack of a permanent body

that can regulate the service conditions of

the subordinate judiciary.

2%0/202/#< =th Pay ,ommission was constituted. The

terms of reference of the said ,ommission

are as followsB

To eamine) review) evolve and

recommend changes that are


41/94

desirable and feasible regarding the

principles that should govern the

emoluments structure including pay

allowances and other

facilities0benefits) in cash or kind)

having regard to rationali?ation and

simplification therein as well as the

speciali?ed needs of various

Eepartments) agencies and services)

in respect of the following categories

of employeesB '

i. ,entral 1overnment employees F

industrial and non'industrialM

ii. Personnel belonging to the All

India -ervicesB

iii. Personnel of the nion

TerritoriesM

iv. 6fficers and employees of the

Indian Audit and Accounts

EepartmentM

v. :embers of the regulatory bodies

!ecluding the @JI" set up under


42/94

the acts of ParliamentM and

vi. 6fficers and employees of the

-upreme ,ourt

It is thus evident that the scope of =th Pay

,ommission does not etend to the -ub'

6rdinate udiciary. Thus while it would

bring about better pay scales to the

Indian Administrative 6fficers there would

be no improvement in the service

conditions of the members of the

subordinate judiciary. This is violative of

the principles of e5uality and fundamental

rights guaranteed under Article #< and #7

/=0/=02/#< 2/th

Haw ,ommission submitted the 2


43/94

conditions of the judicial officers of

Eistrict udiciary in India..

230/702/#& The abovementioned representation was

rejected by 1overnment of India on the

ground that service conditions of the

judicial officers of -tate Public udicial is

not within the competence of ,entral

1overnment and the *on+ble -upreme

,ourt has been sei?ed of the matter.

In these circumstances the Petitioners are

constrained to file this present petition


44/94

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTIONUNDER ARTICLE 32 OF THE CONSTITUTION OF

INDIA

WRIT PETITION (CIVIL) NO. _____ OF 2015

I9 T*( :ATT(@ 68

#. All India udges AssociationThrough its orking President

*aving address atB3= pkar -ociety) *arinagar)1otri @oad)adodara F3$///= C Petitioner

ersus#. nion of India

9otice through)-ecretary) :inistry of Haw and ustice)

<th

8loor) A'ing) -hastri Jhawan)9ew Eelhi'##///# C @espondent 9o.#

2. The @egistrar 1eneral)*igh ,ourt of Allahabad)Allahabad) .P. 2##//# C @espondent 9o.2

3. The @egistrar 1eneral)*igh ,ourt of Allahabad)

Hucknow Jench) Hucknow. C @espondent 9o.3


45/94

%. The @egistrar 1eneral)

*igh ,ourt of ,alcutta),ircuit Jench at Andaman N 9icobar IslandsPort Jlair F =


46/94

*igh ,ourt of *imachal Pradesh)

-himla F #=#//# C @espondent 9o.#$

2/. The @egistrar 1eneral)*igh ,ourt of ammu N ;ashmir)-rinagar F #$///# C @espondent 9o.2/

2#. The @egistrar 1eneral)*igh ,ourt of harkhand)@anchi F %3


47/94

3#. The @egistrar 1eneral)

*igh ,ourt of ttarakhand)9ainital. C @espondent 9o.3#

32. -tate of Andhra Pradesh9otice through-ecretary) Hegal Affairs)-ecretariat) *yderabad F &///22C@espondent 9o.32

33. -tate of Arunanchal Pradesh

9otice through-ecretary) Hegal Affairs)-ecretariat) Itanagar F =$####.C @espondent 9o.33

3


48/94

-ector /#) ,handigarh'#7///# C @espondent 9o.3$


49/94

:anipur F =$&//# C @espondent 9o.


50/94

-ecretariat) ,hennai F 7////$ C @espondent 9o.&&

&7. -tate of Telangana9otice through-ecretary) Hegal Affairs)-ecretariat C @espondent 9o.&7

&=. -tate of Tripura9otice through-ecretary) Hegal Affairs)

9ew -ecretariat Juilding),apital ,omple)Agartala F =$$//7 C @espondent 9o.&=

&%. -tate of ttar Pradesh9otice through-ecretary) Hegal Affairs)-ecretariat) Hucknow F 227//# C @espondent 9o.&%

&$. -tate of ttarakhand9otice through-ecretary) Hegal Affairs)-ecretariat) -ubash @oad)Eehradun F 2


51/94

7


52/94

T*( *:JH( P(TITI69 68 T*( P(TITI69(@ AJ6(

9A:(E.

MOST RESPECTFULLY SHEWETH

#. The Petitioner in the instant case is the All India

udges Association whose members are judges of the

subordinate judiciary from all over India and was

formed and registered in #$%&. The petitioner was

formed with the primary objective of improving the

service conditions of the judges in sub ordinate

judiciary. (ver since its inception) the AIA has

striven towards achieving its objective and has

approached this *on+ble ,ourt on several occasions in

the past by filing writ petition raising issues of

common good and for the benefit of the subordinate

judiciary as a whole. @esultantly) this *on+ble ,ourt

had directed for constitution of the *on+ble ustice

-hetty ,ommission and *on+ble ustice Padmanabhan

,ommission for recommending improvements in the

service conditions of judicial officers. These

commissions have favourably shaped the service

conditions of all the judges in sub ordinate judiciaryin

compliance with the directions by this *on+ble ,ourt.


53/94

Thus) the efforts of AIA are aimed towards the

welfare of its members and not of any particular

individual. In this contet) it is submitted that the

instant petition is being filed so that the judicial

officers are granted their essential and basic service

conditions.

#A. That the petitioner has authorised -h. Eevendra

;umar angala who is presently posted as Additional

Eistrict udge Tis *a?ari ,ourts) Eelhi and who is also

*onorary -ecretary !onal" of the Petitioner to file

the present petition. The petitioner before filing the

present had made a representation to the ,abinet

-ecretary) 1overnment of India on #30/&02/& !which

is on record as AnneureBP'#/". *owever the the

abovementioned representation was rejected by

letter dated 230/702/#& !which is on record as

AnneureBP'##" on the ground that the conditions of

service of judicial officers of -tate Public udiciary is

not within the competence of the ,entral 1overnment

and that the *on+ble -upreme ,ourt has been sei?ed

of the matter.


54/94

2. That Article &/ of the ,onstitution of India

incorporates the concept of separation of judiciary

from the eecutive in the public services of the -tate

and the distinction between the two hasto be

maintained.

3. Importantly) though the periodic eercise of

constituting a Pay ,ommission for the eecutive in

public service has been undertaken by the

,entral0-tate 1overnment and pay scales are being

reviewed) no such mechanism has been put in place

for the judicial services despite specific directions by

the *on+ble ,ourt to this effect. This *on+ble ,ourt in

All India Judges Association Vs. Union of India

1992 (1) SCC 119 was pleased to direct that as

and when such ,ommissions or committees are set

up in the states and nion Territories hereafter) they

separately eamine and review pay structure of

judicial officers keeping in view all relevant

aspects.4!p.#$$ -,,".


55/94

-tates. This *on+ble ,ourt accordingly in All India

Judges Association Vs. Union of India 1993 (4)

SCC 288 while disposing off the review petitions) was

pleased to hold that merely because Article 3/$ of

the ,onstitution of India gives power to the eecutive

and the legislature to prescribe the service conditions

of the judiciary) and that after the council of -tates

make the necessary declaration under Article 3#2 of

the ,onstitution of India) the Parliament is

empowered to create All India udicial -ervice) it

does not mean that the judiciary should have no say

in the matter. It would be against the spirit of the

,onstitution to deny any role to the judiciary in that

behalf for theoretically it would not be impossible for

the eecutive or the legislature to turn and twist the

tail of the judiciary by using the said power. -uch a

conse5uence would be against one of the seminal

mandates of the ,onstitution) namely to maintain

independence of the judiciary and no price is too

heavy to secure it. This *on+ble ,ourt had then held

that it was for this reason that the practice of

entrusting the work of recommending the service

conditions of members of subordinate judiciary to the


56/94

same Pay ,ommission which recommended the

service conditions of the other services re5uired

reconsideration. This *on+ble ,ourt has ruled that the

service conditions of the udicial 6fficers should be

laid down and reviewed from time to time by an

independent ,ommission eclusively constituted for

the purpose) and the composition of such

,ommission should reflect ade5uate representation

on behalf of the judiciary. The 5uestion with regard to

pay scales in respect of the members of the judicial

service had however been initially referred to the &th

,entral Pay ,ommission. *owever) in view of the

directions as above) the 1ovt. of India by a resolution

dated 2#0/30#$$7) constituted the 8irst 9ational

udicial pay ,ommission under the ,hairmanship of

*on+ble :r. ustice ;. . -hetty) a former udge of

this *on+ble ,ourt. -ubse5uently) by an amendment

made on 2


57/94

government on 3/0/$0#$$= and was made applicable

w.e.f. /#0/#0#$$7. The 8irst 9ational udicial Pay

,ommission !>-hetty ,ommission+ for

short"submitted its report on ##0##0#$$$ wherein

after taking into consideration the recommendations

which have been made by the &th

,entral Pay

,ommission and the pivotal role of the subordinate

judiciary a master pay scale was evolved. The -hetty

,ommission came to the conclusion that the number

of pay -cale should be e5ual to the number of clearly

identifiable levels of responsibility also taking into

consideration the scope for promotional avenues. It is

a matter of record that even the recommendations

made by the -hetty ,ommission have been resisted

on one pretet or the other including the alleged plea

of financial burden. 8inally) this *on+ble ,ourt in its

judgment dated 2#0/302//2 vide All India Judges

Association Vs. Union of India 2!!2 (4) SCC

24" was pleased to accept the recommendations of

the -hetty ,ommission subject to certain

modifications by this *on+ble ,ourt. This *on+ble

,ourt also directed that the Pay -cale so approved

shall be w.e.f. /#0/=0#$$7.


58/94

7. That though this *on+ble ,ourt in its review judgment

!as above" had directed that the service conditions of

the udicial 6fficers should be laid down and

reviewed from time to time by an independent

,ommission eclusively constituted for the purpose)

inspite of the ,entral 1overnment constituting the

subse5uent Pay ,ommission namely the 7th ,entral

Pay ,ommission) no such separate independent

,ommission was constituted to review the service

conditions of the subordinate judiciary as directed by

this *on+ble ,ourt. The -hetty ,ommission in its

report while arriving at the Pay -cales recommended

for the subordinate judicial service) had noted that

while fiing the maimum of the master pay scale) it

had been constraint by the vertical cap of the salaries

of the *igh ,ourt udges. In other words) the district

judges could not get more salary than the *igh ,ourt

udges) whose salaries were statutorily fied. It was

however) recommended that as and when the salaries

of *igh ,ourt udges were raised) the salary of the

udicial 6fficers should also be increased by

maintaining the ratio which the -hetty ,ommission


59/94

had recommended. The salary of the *igh ,ourt

udges was revised by the *igh ,ourt and -upreme

,ourt udges !salaries and conditions of service"

Amendment 6rdinance) 2//$) published in the

1a?ette of India vide notification dated /$0/#02//$.

-ubse5uently) this became an Act of the Parliament.

-ince the Pay -cales admissible to the subordinate

judiciary saw no revision) this *on+ble ,ourt vide

order dated 2%0/


60/94

however) recommended that its recommendations be

implemented w.e.f. /#0/#02//7 i.e. the date from

which the recommendations made by the 7th,entral

Pay ,ommission were implemented by the ,entral

1overnment. *owever) the ,ommission in para III

of its @eport noted that several demands made by

the udicial 6fficers and Pensioners fell outside the

scope of reference made to the ,ommission. All these

demands) as the report of the ,ommission would

depict) pertained to the various service conditions of

the udicial 6fficers) but were not considered by the

,ommission since these were found to be beyond the

scope of limited reference made to the ,ommission.

The terms of reference of the said Padmanabhan

,ommission were severely restricted on account of it

being limited to determine the pay scale of judicial

officers on the basis of recommendations of the

-hetty ,ommission. The *on+ble ,ommission in para

=< of its report thus) recorded the followingB

E Since !ost of the de!ands so !ade are

outside the scope of reference !ade to this

Co!!ission b" the BonFble Court, this

Co!!ission has enu!erated those de!ands,


61/94

+hich re-uire consideration either b" this

BonFble Court or b" separate Judicial /a"

Co!!ission or at the appropriate level and the"

are given hereunder?E

%. The ,ommission in Part III of its report) has made

reference to at least &7 essential conditions of service

which could not be reviewed by it since they were

outside the scope of reference to the ,ommission. In

Part ID the ,ommission recorded the following

demands which do not even cost the eche5uer.

i" 8ive Eays a week.

ii" Provision for Transit01uest *ouse facility.

iii" Issuance of ,ar stickers for personal cars of udicial officers as also for providing red light

atop the vehicles of the particular level of udicial6fficers.

iv" Issue of -eniorityF@ota'Guota.

v" -eparate 8orum !-tate Hevel and 9ational Hevel"for settlement of various administrative and

service grievances0problems.

vi" elfare activities for the fraternity in general.

vii" Advance of salary for meeting contingencies F #&days salary prayed.

viii" Protocol to Eistt. udiciary F to be maintained asper their status as eecutives.

i" Priority in reservations0bookingsB alongwith


62/94

transportation) 5uest houses) rest houses etc.

" Identity ,ards to Pensioners and 8amilyPensioners to avail medical facilities etc.

i" II A,P alongwith fiation of seniority to befinali?ed promptly.

ii" ,hange of nomenclature of ,ivil udge !uniorEivision" to ,ivil udge.

$. Thus) several essential conditions of service of the

judicial officers are left to be addressed till date. It is

in view of these) the *on+ble ,ommission too) in Para

=& of its report has stressed upon the need to have a

pay commission periodically constituted for judicial

officers simultaneously with the Pay ,ommission

constituted for the employees of the ,entral

1overnment. To 5uote from the words of the

,ommissionB

appointment of a udicial Pay ,ommission

should normally be made when ,entral Pay

,ommission is constituted and notified.4

10. That in eercise of its eecutive power under

Article =3 of the ,onstitution of India) the ,entral

1overnment constitutes Pay ,ommissions generally

after a gap of every #/ years for periodic revision of

pay scales admissible to ,entral 1overnment


63/94

employees. *owever) no such mechanism has been

devised for periodic revision of pay and allowances

admissible to the members of the subordinate

judiciary inspite of specific directions by this *on+ble

,ourt and the recommendations for such periodic Pay

,ommission made by the 8irst 9ational udicial Pay

,ommission and the Padmanabhan ,ommission as

well. It may be noted that the ,entral 1overnment

has now notified constitution of the =th Pay

,ommission for the ,entral 1overnment (mployees)

but no such eercise has been undertaken to revise

the conditions of service of the members of

subordinate judiciary.

11. That in view of the above) the Petitioner prefers the

present petition to seek uniform review and

improvement of the service conditions of the judicial

officers throughout the country. The Petitioner seeks

constitution of a commission to review the service

conditions of the members of the district judiciary)

including the following but not restricted toB

i. (amining) reviewing) evolving and recommending

changes0modification of emoluments structure

including but not restricted to pay) allowances


64/94

including inter alia conveyance allowance)

residential allowance) traveling allowance and

library allowance) and other facilities0benefits) in

cash or kind) having regard to rationali?ation)

)uniformity and simplification therein as well as the

speciali?ed needs of district judiciary in India with

due emphasis on aspects uni5ue to the judges of

the district courts in IndiaM

ii. (amining) reviewing) evolving and recommending

changes to bring uniformity in the pay scales of

Eistrict judges in India

iii. (amining the principles governing the structure of

pension and other retirement benefits) including

revision of pension in the case of subordinate court

judges including those who have retired prior to

the date of the effect of the recommendation of

the proposed ,ommission.

iv. (amining) reviewing) evolving and recommending

changes0modification) including but not restricted

to the principle of parity)of the benefit of pension


65/94

and other retirement benefits to judges appointed

after 3#0#202//3 at various levels of district

judiciary in India as per the pension scheme

approved by this *on+ble ,ourt which is payable to

judges appointed up to 3#0#202//3) as against the

9ew Pension -cheme !9P-" implemented by the

government.

v. Increasing the age of retirement of Eistrict judges

in IndiaM

vi. (amining) reviewing) evolving and recommending

the principle and roadmap for creation of All India

udicial -ervicesM

vii. Eeveloping a framework for emoluments structure

linked with the need to attract the most suitable

talent to judicial service at various levels of district

judiciary in India and promoting efficiency)with due

regard to epectations of stakeholders) and to

recommend appropriate training and capacity

building through a competency based frameworkM


66/94

viii. (amining) reviewing) evolving and recommending

the principle and roadmap for creation of more

posts periodically to meet the increasing

re5uirement and improve the judicial infrastructure

available to the lower judiciaryM


changes to correct the anomaly in the

increments0allowances of judges from different

cadresM

. (amining and removing any anomalies of the 8irst

9ational udicial Pay ,ommission as well of .

Padmanabhan ,ommittee reportM


various measures)including preventive

measures) to ensure safety and security to district

judiciary in India so as to ensure that the judges

are able to discharge their judicial duties

fearlesslyM


67/94

ii. (amining) rationalising and recommending the

ratio of vacancies for appointment as judges of

*igh ,ourts from amongst the members of the bar

and the judicial officers to ensure fair

representation to the judicial officers from the

-tate udicial -ervices and further the judicial

officers who join the -tate udicial -ervices at the

entry level be also given due representation in the

*igh ,ourts and at the higher levels of the

judiciaryM

iii. (amining) evolving and recommending the

principles and roadmap for constitution of a

permanent independent commission0body to

periodically review the service conditions

and emoluments structure including but not

restricted to pay) allowances and other

facilities0benefits) in cash or kind) and the

principles that should govern the Eistrict udiciary

in IndiaM

xiv. (amining) evolving and recommending principles

and roadmap for better promotional opportunities


68/94

for udicial officers from -tate udicial -ervice

particularly promotion in *igher udicial -ervice

and representation in *igh ,ourt and Ape

,ourt)including periodic review of the @ules of

@ecruitment and Promotion that should govern the

district judiciary.

#2. It is submitted that the only efficacious remedy

available with the petitioner on account of violation of

Petitioner+s fundamental rights guaranteed under

Articles #< and #7 is by way of the present petition

under Article 32.

8A,TAH JA,;1@69E

#. The facts giving rise to the present rit Petition are

as followsB

a. That in #$%$ a petition under Article 32 was filed

by the All India judges) Association and its

working President for reliefs through directions

for the setting up of an All India udicial -ervice

and for bringing about uniformity and improving

conditions of service of members of the

subordinate judiciary throughout the country.


69/94

The said writ petition was disposed in the case

of All India Judges& Association v. Union of

India and $s. 1992 (1) SCC 119

!hereinafter referred as first AIA case") giving

significant directions in respect of enhanced pay

scales) enhancement and uniformity in age of

retirement and additional allowances) while also

recogni?ing the dire conditions of service of the


True copy of the judgment of the *on+ble

-upreme ,ourt in All India udges+ Association v.

nion of India and 6rs. F #$$2 !#" -,, ##$ is

marked and anneed hereto as ANNE!URE P"

1!Pages QQQ to QQQQ"

b. That in #$$3 the nion of India filed a review

petition pursuant to first AIA case) seeking

certain modifications0clarifications. This review

petition was disposed of by the judgment)

entitled All India udges+ Association and 6rs.

(tc. v. nion of India and 6rs etc.) ' #$$3 !


70/94

case". The ,ourt reasserted its views of the

first AIA case and held in this case that the

parity should be maintained between the

political eecutive) the legislators and the

udges and not between the udges and the

administrative eecutive.

True copy of the judgment of the *on+ble

-upreme ,ourt in All India udges+ Association

v. nion of India and 6rs. F #$$3 !


71/94

True copy of the relevant etracts of *on+ble

:r. ustice -hetty ,ommission report is


3 !Pages QQQ to QQQQ"

d. In the case of All India udges Association and

6rs. v. dnion of India) 2//2 !


72/94

True copy of the relevant etracts of 7th ,entral

Pay -cale ,ommission report is marked and

anneed hereto as ANNE!URE P"5 !Pages

QQQ to QQQQ"

f. That on 2%0/


73/94

Eistrict udges !(ntry 1rade") !iv" Eistrict

udges !-election 1rade" and !v" Eistrict udges

!-uper Time -cale" having regard to the

recommendations already made by the *on+ble

ustice -hetty ,ommission in respect of the pay

scales) allowances and other per5uisites of the

udicial 6fficers) and so also revised Pensionary

benefits payable to udicial Pensioners.

h. That in 2//$ *on+ble :r. ustice Padmanabhan

,ommittee submitted its report) however)

various demands made by the udicial 6fficers

Association were not considered by the

,ommittee as they were beyond its scope. The

,ommittee vide paragraph =3 and =<

enumerated the areas to be reviewed by

-eparate udicial Pay ,ommission.

True copy of the relevant etracts of *on+ble

:r. ustice Padmanabhan ,ommittee report is


% !Pages QQQ to QQQQ"


74/94

The Petitioners most respectfully submit that

since then there has been no review of the

service conditions of the subordinate judiciary

even when there has been a periodic review in

respect of administrative services. Thus) even

after three rounds of litigations and two

commissions spanning across two decades that

have brought certain widespread changes in the

working conditions of the subordinate judiciary

in India) there still remains a disparity between

the working conditions of the subordinate

judicial services and other administrative

services in terms of monetary benefit as well as

social security. It is most respectfully submitted

that the pivotal reason for this uncertainty is

lack of a permanent body that can better

understand the concerns and regulate the

service conditions of the subordinate judiciary.

i. That on 2%0/202/#< the ,entral 1overnment

has constituted the -eventh ,entral Pay

,ommission to yet again review the pay scales

and other allowances of the eecutive. As a


75/94

conse5uence the negative gap with regard to

the pay scales between the udiciary and

Political (ecutive) who are at par) would

increase. This kind of discriminative treatment

amongst e5uals is volatile of Article #7 read

with Article #< of the ,onstitution of India. A

copy of the resolution passed by the

1overnment constituting the -eventh Pay

,ommission is hereto marked and anneed as

ANNE!URE P"&. !Pages QQQtoQQQ"

j. That on /=0/=02/#


76/94

k. That the petitioner has made several

representations to the respondents re5uesting

them to review the service conditions of the

judicial officers. 6n #30/&02/#& a

representation was made to the ,abinet

-ecretary of the 1overnment of India to

constitute an All India udicial ,ommission to

review the service conditions of the judicial

officers of Eistrict udiciary in India..

True copy of representation dated

#30/&02/#& made to the ,abinet -ecretary of

the 1overnment of India is marked and

anneed hereto as ANNE!UREP"10. !Pages

QQQtoQQQ".

l. That on 230/702/#&) the abovementioned

representation was rejected by 1overnment of

India on the ground that service conditions of

the judicial officers of -tate Public udicial is

not within the competence of ,entral

1overnment and the *on+ble -upreme ,ourt

has been sei?ed of the matter.


77/94

True copy of letter dated 230/702/#& issued by

the oint -ecretary of the 1overnment of India

is marked and anneed hereto as

ANNE!UREP"11. !Pages QQQtoQQQ".

. It is respectfully stated and submitted that in

the aforesaid background) the Petitioner seeks

to prefer the present petition on the following

amongst the other grounds that may be urged

at the time of hearing of the present petition.

The grounds set out hereunder are without

prejudice to one another.

2. 1@69E-

A. Jecause there is parity between the udges and

Political (ecutive and as such they have to be

treated e5ually. This *on+ble ,ourt in the second AIA

case held that the judicial service is not service in the

sense of RemploymentR. The judges are not

employees. As members of the judiciary) they

eercise the sovereign judicial power of the -tate.

They are holders of public offices in the same way as

the members of the council of ministers and the


78/94

members of the legislature. In a democracy the

eecutive) the legislature and the judiciary constitute

the three pillars of the -tate) what is intended to be

conveyed is that the three essential functions of the

-tate are entrusted to the three organs of the -tate

and each one of them in turn represents the

authority of the -tate. *owever) those who eercise

the -tate'power are the ministers) the legislatures

and the judges) and not the members of their staff

who implement or assist in implementing their

decisions. The council of ministers or the political

eecutive is different from the secretarial staff or the

administrative eecutive which carries out the

decisions of the political eecutive. -imilarly) the

legislators are different from the legislative staff. -o

also the udges from the judicial staff. The parity is

between the political eecutive) the legislators and

the udges and not between the udges and the

administrative eecutive. In some democracies like

the .-.A.) members of some -tate judiciaries are

elected as much as the members of the legislature

and the heads of the -tate. The udges) at whatever

level they may be) represent the -tate and its


79/94

authority unlike the administrative eecutive or the

members of the other services. The members of the

other services) therefore) cannot be placed on par

with the members of the judiciary) either

constitutionally or functionally. This ,ourt also held

second AIA case that nder the ,onstitution) the

judiciary is above the administrative eecutive and

any attempt to place it on par with the administrative

eecutive has to be discouraged.

J. Jecause keeping udges in want of the essential

accoutrements impedes them in the proper discharge

of their duties. This ,ourt in the second AIA case

held that this distinction between the udges and the

members of the other services has to be constantly

kept in mind for yet another important reason.

udicial independence cannot be secured by making

mere solemn proclamations about it. It has to be

secured both in substance and in practice. It is trite

to say that those who are in want cannot be free.

-elf'reliance is the foundation of independence. The

society has a stake in ensuring the independence of

the judiciary) and no price is too heavy to secure it.


80/94

To keep the judges in want of the essential

accoutrements and thus to impede them in the

proper discharge of their duties is to impair and

whittle away justice itself.

,. Jecause there is discrimination amongst the service

conditions of udges and Political (ecutive who are

par under the ,onstitution. Pay scales of udicial

officers have become lesser than (ecutive

particularly in *igher udicial -ervice cadre for

eample as per *on+ble :r. ustice -hetty

,ommission super time scale for *- was 22%&/ to

2


81/94

that he may perform his duties satisfactorily.

@endering justice is a difficult joband unless the

judicial officer has a reasonably worry free mental

condition) it would be difficult to epect unsoiled

justice from his hands. It is therefore imperative that

a judicial commission may be set up to review the

working conditions of the judges of the subordinate

judiciary periodically.

(. Jecause the 2/th Haw ,ommission in its 2


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administrative services. It is pertinent to point out

thatearlier also the Haw ,ommission in its

#


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is 7/ years" Article #< and #7 of the ,onstitution of

India are being violated.

1.Jecause there is a need to review the working

conditions of the judges of the subordinate judiciary

post *on+ble :r. ustice Padmanabhan ,ommission. It

is submitted that since then there has not been any

review of the service conditions of the judicial

officers. 8urther the scope of *on+ble :r. ustice

Padmanabhan ,ommission was confined only to

determine the pay scales of all the udicial 6fficers

etc. throughout the country on the basis of the

*on+ble ustice -hetty ,ommission+s @eport i.e. 8irst

9ational udicial Pay ,ommission. *owever on the

other hand the members of administrative services

had the benefit of periodic review of service

conditions by way of several pay commissions. It is

therefore necessary that the service conditions of the

judicial services may be reviewed by way of a judicial

commission.

*.Jecause the anomaly in the increments given to the

judicial officers throughout the country ought to be


84/94

removed. *on+ble :r. ustice (. Pabnanabham

suggested :aster pay scale with


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consideredgranting increments as a percentage of

basic pay) but at that point of time such system was

found operationally inconvenient !Para #&. report".

*owever the 7th ,entral Pay ,ommission

recommended running pay bands by suggesting

increments S 3L of basic pay. Advantages of

system to fi salary in pay bands are mentioned in

Para 2.2.#3 of sith Pay ,ommission @eport. It is

most respectfully submitted that pay band and grade

pay system may be adopted to avoid recurring loss of

the udges.

. Jecause it is essential to bring uniformity inthe pay

scales of the judges who have been recruited through

different sources.8or eample) a person joining as

,ivil udge unior Eivision !,E4 for short" has an

opportunity for promotion after & to = years. If he is

not promoted in & years) even then he can get A,P

and will be shifted to new pay scale. In view of this it

is most respectfully submitted that stages of pay

scale for ,E cadre can be reduced to #= stages. A

judge in the cadre of ,ivil udge -enior Eivision

!,-E4 for short" gets an opportunity for promotion

in the cadre of Eistrict udge !E4 for short" in five


86/94

years. *is optimum length of service in the cadre of

,-E will be of #/ to ## years) so ## stages can be

dedicated in the master pay scale for the cadre of

,-E. % stages could be keep for the cadre of E

(ntry Hevel) % stages for the cadre of E -election

1rade and < stages for E -uper Time in this way)

:aster pay scale of 37 stages will be appropriate and

will cater the need to provide 3L increment to the

judges with running pay band but without grade pay.

In the absence of a body)that is familiar with the

judiciary and the facilities re5uired of judicial

officers)to review and redress these anomalies) it is

difficult to bring improvement in the working

conditions of the sub'ordinate judiciary.

;. Jecause there is a need to review the entitlements of

the judicial officers by way of allowances. *on+ble :r.

ustice Padmanabhan proposed hike in some of the

allowances. *on+ble :r. ustice Padmanabhan

however avoided considering recommendations of 7th

central pay commission regarding the changes in the

scheme of providing some allowances and

introduction of new allowances. -umptuary


87/94

allowances is re5uired to be provided S @s. 7///.//

per month to E @s.


88/94

,ommission the state government cannot unilaterally

withdraw the pension scheme for the judges. The

judges recruited after 2//3 are neither getting the

benefits of pension scheme not they are getting total

pay recommended by *on+ble :r. ustice -hetty

,ommission.

+. Jecause to maintain the independence of the

judiciary it is necessary that there is an Independent

,ommission which has the power to review the

service conditions of the -ubordinate udiciary. This

,ourt held in the second AIA case that the present

practice of entrusting the work of recommending the

service conditions of the members of the subordinate

judiciary to the same Pay ,ommissions which

recommend the service conditions of the other

services re5uires reconsideration. The service

conditions of the judicial officers should be laid down

and reviewed from time to time by an independent

,ommission eclusively constituted for the purpose)

and the composition of such commission should

reflect ade5uate representation on behalf of the

judiciary. In this regard the *on+ble ,ourt further


89/94

noted in the second AIA case that in view of the

separation of the powers under the ,onstitution) and

the need to maintain the independence of the

judiciary to protect and promote democracy and the

rule of law) it would have been ideal if the most

dominant power of the eecutive and the legislative

over the judiciary) vi?.) that of determining its service

conditions had been subjected to some desirable

checks and balances. This is so even if ultimately) the

service conditions of the judiciary have to be

incorporated in and declared by the legislative

enactments. Jut the mere fact that Article 3/$ gives

power to the eecutive and the legislature to

prescribe the service conditions of the judiciary does

not mean that the judiciary should have no say in the

matter. It would be against the spirit of the

,onstitution to deny any rule to the judiciary in that

behalf) for theoretically it would not be impossible for

the eecutive or the legislature to turn and twist the

tail of the judiciary by using the said power. -uch a

conse5uence would be against one of the seminal

mandates of the ,onstitution) namely) to maintain

the independence of the judiciary.


90/94

9.Jecause the work of the judicial officers throughout

the country is of the similar nature) the service

conditions have to be uniform. This ,ourt in the

second AIA case emphasi?ed the necessity of

entrusting the work of prescribing the service

conditions for the judicial officers to a separate Pay

,ommission eclusively set up for the purpose. e

reiterate the importance of such separate commission

and also of the desirability of prescribing uniform pay

scales to the judges all over the country. -ince such

pay scales will be the minimum deserved by the

judicial officers) the argument that some of the

-tates may not be able to bear the financial burden is

irrelevant. The uniform service conditions as and

when laid down would not) of course) affect any

special or etra benefits which some -tates may be

bestowing upon their judicial officers.

6.Jecause there is a need for creation of All India

udicial -ervices to improve and bring uniformity the

administration of justice throughout the country. The

need for All India udicial -ervices was felt as early

as in #$&% when the #


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-ervices. -ubse5uently an amendment was also

brought in the constitution enabling the government

to establish All India udicial -ervices. *owever

despite the directions of this *on+ble ,ourt to

eamine the feasibility of the implementation of these

recommendations in the case of first AIA case) till

date nothing concrete has happened for

establishment of AI-.

P. Jecause there is wide variance in the pay structure

prevailing in the various -tates and nion Territories

and the judicial officers are remunerated differently

for similar nature of work. A pay commission

separately constituted for eamining and reviewing

the pay structures of judicial officers across the

country will be able to better assess the reasons for

such variance and bring about uniformity) as far as

may be possible) in the terms and conditions of

service of the subordinate judiciary.

G.Jecause the ,ourt needs to issue directions to the

authorities to perform their obligatory dutieswhenever there is a failure on their part to discharge

them and the legislature and eecutive in this

instance have failed to meet their obligations by

neglecting to improve the service conditions of the



92/94

@. Jecause by deleting a reference in respect of pay

scales of judicial officers from the terms of reference

of the &th ,entral Pay ,ommission and

contemporaneously constituting the -hetty

,ommission) the ,entral 1overnment had agreed to

set up a pay commission specifically for judicial

officers at the same time as constitution of a pay

commission for eecutives. *owever) the ,entral

1overnment has failed to constitute a separate pay

commission for the subordinate judiciary

subse5uently when it constituted the 7th ,entral Pay

,ommission in 2//% and when it recently constituted

the =th ,entral Pay ,ommission in 2/#


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for similar relief as prayed for in the present rit

Petition.

P@AO(@

It is therefore) respectfully prayed that this *on+ble ,ourt

may be pleasedB

# To issue a writ of mandamus or a writ in the nature of

mandamus or such other writ 0 order 0 direction as

may be necessary directing the @espondents to

constitute All India udicial ,ommission in terms of

the representation made by the Petitioner to

@espondent 9o. # on #30/&02/#& to review the

service conditions of the judicial officers of

subordinate judiciary in India including but not

limited to Pay -cale) @etirement Age) Pension and

other emoluments of the -ub'ordinate judiciary from

time to timeM


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2 To issue such orders as may be necessary to direct

the @espondent 9o # to undertake appropriate

eercise to ascertain the feasibility of establishing an

All India udicial -ervicesM and

3 To pass such other orders and further orders as may

be deemed necessary on the facts and in the

circumstances of the case.

86@ *I,* A,T 68 ;I9E9(--) T*( P(TITI69(@ -*AHH

A- I9ETO J69E -*AHH ((@ P@AO.

SETTLED Y

MR. GOURA ANERJI

(SENIOR ADVOCATE)

E@A9 A9E 8IH(E JOB

Documents

Writ Petiton of AIJA